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City Government

 

City Charter - Chapter VIII

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Legislation

Section 8.1.  Prior City Legislation.

 All valid bylaws, ordinances, resolutions, rules and regulations of the City which are not inconsistent with this Charter and which are in force and effect at the time of the effective date of this Charter shall continue in full force and effect until repealed or amended.  If any such ordinance, resolution, rule or regulation provides for the appointment of any officers or any members of any board or commission by the Mayor, such officers or members of any board or commission shall, after the effective date of this Charter, be appointed by the Council.

 Those provisions of any effective valid bylaw, ordinance, resolution, rule or regulation which are inconsistent with this Charter are hereby repealed.

Section 8.2.  Ordinances and Resolutions.

 All official action of the Council shall be by ordinance, resolution, motion or order; except that, actions expressly required by any applicable law to be done by ordinance shall be done by ordinance.  Actions regarding the internal affairs or concerns of the City government may be done by resolution or motion.  All other actions required or permitted to be done by this Charter, City ordinances, or State or Federal law may be done by resolution, motion or order.  The violation of any ordinance or order shall be punishable by fine or imprisonment, or both, as may be established by ordinance.  Each ordinance shall be identified by a short title and by number and by a code sections number when a codification of ordinances is completed.

 Each proposed ordinance shall be introduced in written or printed form.  The style of all ordinances shall be: "The City of Westminster ordains:".  (As amended 11-3-87)

Section 8.3.  Enactment, Amendment, Repeal and Effective Date of Ordinances.

 Subject to the statutes and to the exceptions which follow hereafter:

(a) Ordinances may be enacted by the affirmative vote of not less than a majority of the members elect of the Council;

(b) No ordinance shall be amended or repealed except by an ordinance adopted as aforesaid;

(c) No ordinance shall be enacted at the meeting at which it is introduced nor until after publication of the proceedings or summary thereof of such meeting (which proceedings or summary shall include a statement of its title and purpose); and

(d) The effective date of all ordinances shall be the date of enactment after passage on second reading or as prescribed therein.

 It is provided, however, that an ordinance which is declared therein to be an emergency ordinance which is immediately necessary for the preservation of the public peace, health or safety may be enacted at the meeting at which it is introduced or before publication of the proceedings of the meeting at which it is introduced, by six (6) affirmative votes if six (6) or seven (7) members of the Council are present at the meeting at which it is enacted or by four (4) affirmative votes if four (4) or five (5) members of the Council are present at the meeting at which it is enacted. 

 In case an ordinance is given effect earlier than its enactment after passage on second reading, the requirements for publication may be met by posting copies thereof in conspicuous locations in three (3) public places in the City, other provisions of this Charter notwithstanding; and the Clerk shall, within three (3) days after such posting, enter in the Ordinance Book under the record of the ordinance a certificate under his hand stating the time and place of such publication by posting of the ordinance; but the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation.  Such ordinance shall also be published in accordance with section 8.4 but not as a requirement for the effectiveness thereof.

 No ordinance granting any public utility franchise shall be enacted except in accordance with the provisions of Section 15.2.

 No ordinance shall be amended by reference to its title only, but the revised sections of the ordinance, as amended, shall be reenacted and published in full.  However, an ordinance or section thereof may be repealed by reference to its title and ordinance or code number only.  (As amended 11-3-87)

Section 8.4.  Publication and Recording of Ordinances.

 Each ordinance shall be published within ten (10) days after its enactment by publishing the full text thereof in a newspaper as defined in Section 17.5 either separately or as part of the published Council proceedings.

 All ordinances shall be recorded by the Clerk in a book called "The Ordinance Book," and it shall be the duty of the Mayor and Clerk to authenticate such records by their official signatures thereon; but the failure to so record and authenticate such ordinance shall not invalidate it or suspend its operation.

Section 8.5.  Penalties for Violation of Ordinances.

 Any ordinance may provide for the punishment of those who violate its provisions.  The maximum punishment for the violation of any ordinance shall be established by the City Council by ordinance.  (As amended 11-5-85)

Section 8.6.  Enactment of Codes by Reference.

 In accordance with statutes now or hereafter in effect, the Council may enact technical codes, any appropriate Colorado statute or any detailed technical regulations promulgated or enacted by any municipality, state or federal agency, by reference thereto in an enacting ordinance, and without publishing such codes in full.

Section 8.7.  Severability of Ordinances.

 Unless an ordinance shall expressly provide to the contrary, if any portion of an ordinance or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the ordinance which can be given effect without the invalid portion or application, provided such remaining portions or applications are not determined by the court to be inoperable; and to this end ordinances are declared to be severable.

Section 8.8.  Codification of Ordinances.

 As soon as feasible after the effective date of this Charter, the Council may direct and complete the codification of all ordinances of the City and shall provide for the publication of subsequent amendments thereto so that such amendments may readily be made a part of such published code and maintained thereafter in current form.  Any such codification may originally include provisions not previously contained in ordinances of the City.

 The Council shall provide for making copies of the codification available for public inspection and for distribution to the public at a reasonable charge therefor and shall publish notice of the printing and availability of such codification before the effective date thereof.  Such printing and making available of the codification and notice thereof shall constitute publication of any such codification, other provisions of the Charter for publication notwithstanding.

 The copies of the ordinances and of the codification thereof, and of provisions adopted by reference in accordance with Section 8.7, may be certified by the Clerk and, when so certified, shall be competent evidence in all courts and other legally established tribunals as to the matter contained therein.

Section 8.9.  Initiative and Referendum.

 An ordinance may be initiated by petition, or a referendum on an enacted ordinance may be had by petition, as hereafter provided.

Section 8.10.  Initiatory and Referendary Petition.

 An initiatory or referendary petition on a legislative ordinance may be filed and shall be signed by not less than ten (10) percent of the number of persons who were registered electors of the City, as of the date of the last regular City election.  Not more than five (5) percent of the registered electors shall be required to order a referendum on a public utility franchise.  Such petitions shall meet the requirements of this Charter and the duly adopted Code of the City.

 A referendary petition shall be filed with the City Clerk not more than thirty (30) days after the effective date of said legislative ordinance or franchise ordinance.  All signatures on said petition shall be obtained after the effective date of said ordinance and before the date of filing the petition with the Clerk.  Any such petition shall be addressed to the Council and may be the aggregate of two (2) or more petition sections identical as to content and simultaneously filed.  Such petition shall contain the endorsement of the names of three (3) persons designated as filing the same.  An initiatory petition shall set forth in summary and in full the ordinance it proposes to initiate, and no petition shall propose to initiate more than one (1) ordinance.  A referendary petition shall identify, meaningfully summarize, and set forth the ordinance or part thereof, or Code section it proposes to have repealed.

 Each signer of a petition shall sign and print his name, and shall place thereon, after his name, the date and his place of residence by street and number, and County designation.  To each petition section there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that each signature was made in the presence of the affiant.

 Such petition shall be filed with the Clerk who shall, within fifteen (15) days, canvass the signatures thereof.  If the petition, on its face, contains a sufficient number of signatures, but does not contain a sufficient number of signatures of registered electors of the City, the Clerk shall notify forthwith by first class and electronic mail, if available, the person filing such petition and fifteen (15) days from such notification shall be allowed for filing supplemental petition papers; provided, however, that if the petition as initially filed shows on its face that it does not contain the required number of signatures, whether of registered electors or not, the Clerk shall not be required to canvass the signatures and the petition shall be null and void and shall not be circulated further.  When a petition with sufficient signatures is filed within the time allowed by this section, the Clerk shall present the petition to the Council at its next regular meeting.  (as amended 11-1-83, 11-5-85, 11-3-87; 11-7-06)

Section 8.11.  Council Procedure on Initiatory and Referendary Petitions.

 Upon the presentation to the Council of an initiatory or referendary petition by the Clerk, the Council shall, within thirty (30) days, unless otherwise provided by statute, either:

(a) Adopt the ordinance as submitted by an initiatory petition;

(b) Repeal the ordinance, or part thereof, referred to by a referendary petition; or

(c) Determine to submit the proposal provided for in the petition to the electors.

Section 8.12.  Submission of Initiatory and Referendary Ordinances to Electors.

 Should the Council decide to submit the proposal to the electors, it shall be submitted at the next election, occurring not less than sixty (60) days after said decision, held in the City for any other purpose, or, in the discretion of the Council, at a special election called for that specific purpose.  The result of all elections held under the provisions of this section shall be determined by a majority vote of the electors voting thereon.  (as amended 11-7-06)

Section 8.13.  Ordinance Suspended; Miscellaneous Provisions on Initiatory and Referendary Petitions.

 The presentation to the Council by the Clerk of valid and sufficient referendary petition containing a number of signatures equal to ten (10) percent of the number of persons who were registered electors of the City as of the date of the last regular City election shall automatically suspend the operation of the ordinance in question pending repeal by the Council or final determination by the electors.

 An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of six (6) months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be reenacted for a period of six (6) months after the date of the election at which it was repealed; provided however, that any ordinance may be adopted, amended or repealed at any time by appropriate referendum or initiatory procedure in accordance with the foregoing provisions of this chapter or if submitted to the electorate by the Council on its own motion.

 If two (2) or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern. (as amended 11-7-06)

Section 8.14.  Ordinances Exempt From Referendum.

 In any issue of bonds by {the} City Council, pursuant to its power to do so as set forth in this Charter including Section 11 {Chapter XI} and as {the} Council may otherwise be authorized by law, if {the} City Council finds and recites that facts exist which constitute an emergency which requires the immediate passage of a bond ordinance by emergency ordinance, {the} Council is authorized to exempt said emergency ordinance from referendum.  Nothing in this amendment {section} shall be interpreted to permit the Council to incur general obligation indebtedness of the City of Westminster without the vote of the citizens of the City.  (As added 11-5-85)

 

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